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Bill proposes limits on "good time"

By Jim Kalvelage

Posted:
02/05/2013 05:14:34 PM MST

Legislation that could have meant longer time behind bars for certain violent crimes has, failed to clear its first committee. First degree murder, abuse of a child resulting in death or great bodily harm, vehicular homicide, and causing great bodily harm by a vehicle while under the influence of alcohol or drugs, would have been added to New Mexico's list of serious violent offenses that limit credits for good time under the measure introduced by Rep. Zach Cook, R, Ruidoso. Cook labeled the legislation "dead."

Cook bill would have restricted credits against prison terms for the additional offenses, requiring prisoners to serve a least 85 percent of their sentences. In some cases, prisoners now can earn as much as one day credit for each day of good time. Cook said the "meritorious deductions" are earned when prisoners accomplish things like earning a GED. For very serious crimes, there would be fewer meritorious deductions.

"They're such heinous crimes that in my way of thinking those convicted of them should serve more time and not have the opportunity to get time knocked off," Cook said.

In an analysis of House Bill 123, the New Mexico Department of Corrections wrote that offenders of the potentially added crimes would only be eligible to earn up to four days of good time per month while in prison as opposed to up to 30 days of credit. Offenders credited with only four days per month would serve about 85 percent of their prison sentences.

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The corrections department estimated that if the bill were approved, it would not increase incarceration costs over the next three years because most if not all offenders convicted under the bill would still be serving their basic prison sentences. But after three years, the department cautioned that incarceration costs could increase substantially as inmates convicted of the new serious violent offenses serve 85 percent of their time instead of 50 percent.

"If the bill is enacted, increased sentence time for serious violent offenders could deter future offenders and lower the rate of incarceration," the corrections department weighted in. "Any neutral or positive fiscal impact of the bill's deterrent value cannot be accurately predicted at this time."

The department reported that the inclusion of first-degree murder as a serious violent offense is intended to ensure that serious youthful offenders sentenced to serve less than a life sentence can only earn four days of good time per month.

Cook said his measure was not in response to two teens accused of suffocating their foster mother in June 2011 at a home in San Patricio. They are each charged with first-degree murder.

"For argument's sake, if that's the case, it doesn't change my mind about it," Cook said of the correction's department analysis on youthful offenders. "I think that anybody who commits those kinds of crimes should have to pay society back by doing more time."

But Cook said he would hope that all who go to prison take advantage of programs that could improve their lives in the future.